Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-12-19

together" the people must be presumed 70
have had in mind business to be transacted
under authority of the State constitution,
aud not to have intended to proeloit tue
performance of duties imposed upon IL ny
the supreme authority of the Constitution
of the United States.
If the argument be sound that teglsla-
tive body which is prohibited from enter,
ing upon certain classes business, or Whlcn
is confined to certain classes OF business
clearly legislative in their character, is no
Legislature in the constitutional sense, us
logic would require us TO declare that the
Legislature of every State whose bill OF
rights excludes it from large domains OF
legislation is no legislative body. Ii,
under the same provision Of the United
States, the act of Congress had fixed day
for holding elections for Representatives
to Congress, and the State constitution or
laws should prohibit the assembling OF
the people for such elections on the day so
fixed, it would, we suppose, be held clear
that the act of the State would be void
and the authority of the act Of Congress
would prevail.
We can not see any difference between
such prohibition of a State constitution
applicable to the constitutional electors OF
Senators, who are members OF the State
Legislature, and the constitutional electors
of Representatives, who are body of cleo
tors authorized to vote for members OF the
most numerous branch Of the State Lesisla-
tuTe.
We are therefore clearly of the opinion
that the election Of Dir. Faulkner at the
special session of the Legislature of West
Virginia was valid.
II is insisted that Mr.. Faulkner was in
eligible to the office of Senator By reason Of
the provision of the Constitution of West
Virginia:
mo judge
DURING HIS TERM OF OFFICE
shall practice the profession of law or hold
any other office, appointment or public
trust, under this orany other government,
and the acceptance thereof shall vaCate his
judicial Office. Nor shall he, during his
continuance be eligible to any political
Office. "-Article s, section l6.
But we are OF opinion that no State can
prescribe any qualification to the Office OF
United States Senator in addition to those
declared in the Constitution of the United
States. See the debates on the case Of Mr..
Taft's Election Cases, page las
This provision, according to the settled
rule of construction, must be so construed
as to attribute to it meaning not incon-
sistent with the constitution of West Viz
ginia. This can we'll and properly be
done by holding it to mean eligible to
office under the constitution of West Vir-
giuia."
We therefore find that Mr.. Faulkner
has been constitutionally elected to the
seat in the Senate made vacant by the ex-
piration of the term of Mr.. Camden, and
that he Is entitled to take the oath.
We report the following resolutions:
ReSolred, That Daniel B. Lucas Is not
entitled to seat in the Senate from the
State of West Virginia.
ReSOlred, That Charles J. Faulkner has
been duly elected Senator from the State
of West Virginia Tor the term of six years,
on the 4th day of March,
1887, and that he is entitled to seat in
the Senate rs such SeDatOr."